
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC10705]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                           CHAPTER 107--RATES
 
                     SUBCHAPTER I--GENERAL AUTHORITY
 
Sec. 10705. Authority: through routes, joint classifications, 
        rates, and divisions prescribed by Board
        
    (a)(1) The Board may, and shall when it considers it desirable in 
the public interest, prescribe through routes, joint classifications, 
joint rates, the division of joint rates, and the conditions under which 
those routes must be operated, for a rail carrier providing 
transportation subject to the jurisdiction of the Board under this part.
    (2) The Board may require a rail carrier to include in a through 
route substantially less than the entire length of its railroad and any 
intermediate railroad operated with it under common management or 
control if that intermediate railroad lies between the terminals of the 
through route only when--
        (A) required under section 10741, 10742, or 11102 of this title;
        (B) inclusion of those lines would make the through route 
    unreasonably long when compared with a practicable alternative 
    through route that could be established; or
        (C) the Board decides that the proposed through route is needed 
    to provide adequate, and more efficient or economic, transportation.

The Board shall give reasonable preference, subject to this subsection, 
to the rail carrier originating the traffic when prescribing through 
routes.
    (b) The Board shall prescribe the division of joint rates to be 
received by a rail carrier providing transportation subject to its 
jurisdiction under this part when it decides that a division of joint 
rates established by the participating carriers under section 10703 of 
this title, or under a decision of the Board under subsection (a) of 
this section, does or will violate section 10701 of this title.
    (c) If a division of a joint rate prescribed under a decision of the 
Board is later found to violate section 10701 of this title, the Board 
may decide what division would have been reasonable and order adjustment 
to be made retroactive to the date the complaint was filed, the date the 
order for an investigation was made, or a later date that the Board 
decides is justified. The Board may make a decision under this 
subsection effective as part of its original decision.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
811.)


                            Prior Provisions

    Prior sections 10705 and 10705a were omitted in the general 
amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).
    Section 10705, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1375; Pub. L. 
96-296, Sec. 22(b)-(g), July 1, 1980, 94 Stat. 813; Pub. L. 96-448, 
title II, Sec. 218, Oct. 14, 1980, 94 Stat. 1925; Pub. L. 97-449, 
Sec. 5(g)(4), Jan. 12, 1983, 96 Stat. 2443, related to authority for 
through routes, joint classifications, rates, and divisions prescribed 
by Interstate Commerce Commission. See sections 10705 and 13701 of this 
title.
    Section 10705a, added Pub. L. 96-448, title II, Sec. 217(a)(1), Oct. 
14, 1980, 94 Stat. 1916; amended Pub. L. 103-272, Sec. 4(j)(20), July 5, 
1994, 108 Stat. 1369, related to joint rate surcharges and 
cancellations.

                  Section Referred to in Other Sections

    This section is referred to in section 10907 of this title.
